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May 2000 Newsletter

6th Annual Meeting
SATURDAY-SUNDAY, OCTOBER 28-29, 2000 - 9:30 AM SAT. - 4:30 PM SUN.
WASHINGTON, D.C., MARRIOTT RESIDENCE INN, PENTAGON CITY, VA

(For additional information and Registration Form go to Calendar on the Menu)

NADA/F BOARD MEETING - Feb. 5-8, 2000

Special thanks to our NADA/F board members who so generously participated in an excellent four-day board meeting in Washington DC. Saturday and Sunday we focused on NADA/F's past accomplishments, goals for the future, and corporate business. We agreed that the Marriott Residence Inn in Pentagon City, VA will be an excellent location for the next annual meeting, and we expect the 6th Annual Meeting to be the best to date!

Monday and Tuesday we divided into smaller groups and met with five government agencies, the Red Cross, plus 30 Congressional meetings. We stressed the need for Congressional Public Hearings about the lack of FAA prompt compliance with NTSB (National Transportation Safety Board) fatal air crash recommendations. We have become the largest grassroots air safety organization in the U.S., and a major voice for 100% FAA (Federal Aviation Administration) compliance with NTSB recommendations. Unfortunately, FAA compliance has dropped from 82% to 80%, and the number of air crashes is increasing.

At our Congressional meetings we also stressed the need to overturn the 1920 DOHSA "Death on the High Seas" Act. While passing the FAA re-appropriations for 2000, Congress did pass legislation regarding DOHSA, however, it is not completely what we wanted.

We encourage our members to write to their Congressmen and Senators about air safety, especially during this important election year. It has become easier to contact your representatives via the internet:

www.house.gov (for Congressmen) and www.senate.gov (for U.S. Senators).

February 7th NADA/F MEETING WITH THE AMERICAN RED CROSS

photoWhile meeting in Washington DC, board members had an excellent meeting with the Red Cross leadership responsible for family assistance after an air crash. We appreciate working with them since passage of the Family Assistance Act in 1996. The Red Cross made our brochure available to families at EgyptAir 990, and they have agreed to continue to have the information available in the future. We appreciate their help in reaching new family members. Often we hear from people who have said they wished they had known about NADA/F much earlier. The support for victims' families is an important part of our founding mission.

NADA/F's position is that family members who have been successfully trained should be utilized for support personnel to help the families short term and long term after an air disaster. There are Red Cross regional offices throughout the U.S., and they offer different levels of services and training, depending on their size and the area. Some offer Disaster Training Classes, and some offer Public Affairs training, to help with the media after a disaster. People are encouraged to check with their local Red Cross offices to see what training is available. If your Red Cross chapter has limited training, you may want to check with other offices in your region. 

Most important, is that family assistance after an air crash has greatly improved, and NADA/F will continue to work with government and social service agencies to raise the standards for support, plus disclosure of air crash investigation information to the families.

- Gail Dunham

CRISIS RESPONSE TEAM (CRT) TRAINING

Last year, NADA/F offered our first Crisis Response Team Training. We worked with NOVA, National Organization for Victim Assistance, to offer the training to our members for only $50. We had an excellent group of participants, and everyone agreed that merely wanting to go to a crash site to help in some way is not good enough, and people must be trained to prevent the victimization from reoccurring.

If you would like to participate in Crisis Response Team Training, with other NADA/F members, we would like to hear from you. We are considering sponsoring training in Fall, 2000, however, we need to know the level of support before we make the commitment. Last year it was least expensive to offer the training near Baltimore MD, however, if you know of a central location with inexpensive meeting accommodations please let us know. We are always looking for volunteers to coordinate those important details.

If you are interested in participating in CRT training please contact Jim Hurd, 410-551-0459.

DOHSA Death on the High Seas Act

In 1920 Congress passed DOHSA to help maritime widows collect needed benefits. Through the years the airlines have pushed to apply this law to air crash litigation when the crash was at sea.

On March 8th and March 15th, the U.S. Senate and House of Representatives, respectively, passed an amended version of the 1920 Death on the High Seas Act (DOHSA) as part of the Wendell H. Ford Aviation Investment and Reform Act of the 21st Century.

The amended legislation moves the limit of DOHSA from one marine league to 12 nautical miles off the shore of any state, the District of Columbia, or the territories or dependencies of the U.S.

If a commercial aviation accident occurs within the newly established 12-mile limit, then DOHSA shall not apply and the rules applicable under Federal, State, and other appropriate laws shall apply. However, if a commercial aviation accident occurs outside the 12 mile limit, then DOHSA will continue to apply. DOHSA will apply to any death caused by a commercial accident after July 16, 1996. (The day before TWA 800).

The amended DOHSA still does not allow for the recovery of punitive damages, but does allow for the recovery of nonpecuniary damages for wrongful death, which is defined as the loss of care, comfort, and companionship. It does not allow for the recovery of pain and suffering prior to death. The old DOHSA did not allow for the recovery of nonpecuniary damages.

The newly amended DOHSA allows for a class of beneficiaries of the decedent to recover the pecuniary loss sustained which is also defined as economic loss or loss of wages. There was no cap set on damages, and includes inflation adjustments.

In all aviation accidents that have occurred in open water since July 16, 1996, the newly amended DOHSA will not apply to TWA 800, and will not likely apply to Alaska Air 261, because both accidents occurred within the 12 nautical mile limit. (AS261 was off a U.S. island). However, the EgyptAir 990 crash falls outside the 12-mile limit, at approximately 60 miles off the coast of Nantucket. Attorneys for Swissair 111 will also argue the amended version of DOHSA should apply because the accident occurred outside the 12 mile limit, off the coast of the U.S., although the crash occurred well within the limits of Canadian territorial waters.

The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century was sent to President Clinton on March 29th, and the President signed the bill into law on April 5, 2000. It became Public Law No. 106-181.

Lanita Hausman, NADA/F Vice President, and Swissair 111
Email: Lhaus1963@aol.com

BROOKE'S PLACE - Indianapolis IN

photoBrooke's Place provides support for children, teens and young adults from the ages of 3 to 22, to work through their grief over the death of a loved one, for as long as needed. Brooke's Place is an excellent resource for those in the mid-west.

The program's name honors Brooke Wright, who lost her father Thomas Wright on AA4184, Halloween, 1994. Brooke, and her mother Ann Wright, have found that helping others has helped them with their own enormous grief. Brooke has gone from a fateful night of "trick or treating" to a college student majoring in counseling and psychology, and very committed to helping others.

Special thanks to Ann and Brooke Wright for offering their support to others. If you would like more information, or if you would like to receive some of their excellent printed materials feel free to call: Brooke's Place 317-879-4066

NEW! Bumper Stickers! Baggage Stickers

NADA/F year 2000 members will soon be receiving bumper stickers in the mail! They are free with a $20 annual membership, or may be purchased for $2 each. They look great on a car bumper or a suitcase, and will be easily recognized. Thank you to our Board Member Mary Kahl (UA232) for making this air safety promotional sticker available to us!

FAA Hotline 800-255-1111

If you spot an air safety irregularity or have an in-flight experience that you know is not a routine flight, please call the FAA Hotline and report the incident! Also, feel free to forward to us in writing what you have reported, and we will keep the information on file. Include the date, flight number and as many details as possible.

We cannot provide answers, that is the job of the FAA, however by reporting incidents hopefully we can increase the pressure on the FAA to keep more accurate records of incidents reported and actions taken (or not taken).

EgyptAir 990

NADA/F is opposed to the rush to judgment on the cause of the crash of EgyptAir 990, and we support a full scientific investigation, including a full disclosure of the cockpit voice recorder and the flight data recorder. Plane crashes are too important for edited transcripts. The following EgyptAir website was prepared by a family member: http://www.geocities.com/ea990/

The Book Shelf!

graphicVisit our website for our NEW Books Shelf Column! The following are some books that you may find interesting about air safety. Special thanks to Mary Kahl and Maureen Dobert for helping with The Book Shelf! Questions? Contact Mary at MKahlcul8@aol.com

"Safety in the Skies: Personnel and Parties in NTSB Aviation Accident Investigations"
by Cynthia C. Lebow, Liam P. Sarsfield, William L. Stanley, Emile Ettedgui, Garth Henning

MR-1122-ICJ, ( published 1999 by RAND)
Paperback - 56 pages - An Executive Summary
(A longer technical version will be available in 2000)
ISBN: 0-8330-2806-5
Price: $15.00 + postage ($1.13 Book Rate or $3.20 Priority Mail) Order from:
RAND -Distribution Services
1700 Main Street - PO Box 2138
Santa Monica, CA 90407-2138
Telephone: 310-451-7002 - Fax: 310-451-6915
E-mail: order@rand.org Website: www.rand.org/

Review:

Is the NTSB at its breaking point? Will the NTSB be able to function effectively over the next decade, or beyond, given the expected exponential changes in technology and air travel? The RAND study of the NTSB aviation accident investigations recommends a major overhaul to ensure the agency's investigative independence and integrity. Conducted at the request of Chairman Jim Hall, the research provides the most comprehensive look at operations of the NTSB in its history.

Dealing with the complexities, costs & lengths of investigations such as TWA 800 and USAir 427, has highlighted the key factors desperately in need of remedy at the NTSB.

The NTSB was found to be desperately understaffed & inadequately equipped to deal effectively with complex modern aviation accidents. The present party system allows manufacturers and airlines, often likely candidates in civil litigation, to assist in the NTSB investigation. Consequently, pertinent information is not always forthcoming. NTSB investigators must "ask the right question" and be able to know if they are receiving the right answers.

The RAND study also suggests that nonparties, such as claimants or their attorneys be allowed to petition for reconsideration when new evidence relating to probable cause or safety recommendations is discovered through civil litigation.

RAND is a nonprofit institution that helps improve policy and decision making through research and analysis. RAND's publications do not necessarily reflect the opinions or policies of its research sponsors.

"Safety in the Skies" may be available online, however, its reference page is: 
http://www.rand.org/publications/MR/MR1122/index.html

NTSB Chairman Jim Hall is asking for people to send him feedback about the report. Send your comments to Chairman Jim Hall, NTSB, 490 L'Enfant Plaza East, SW, Washington, DC 20594, and to Cynthia Lebow, the author at Rand, Santa Monica, CA (address above.)

"In the Unlikely Event...
The Politics of Airline Safety"

Currently out of print, but a xerox copy is available from: The Center for Public Integrity:

Their website is: http://www.publicintegrity.org/ and the publication is described at: http://www.publicintegrity.org/unlikely_event.html. At the bottom of that page you can also view the report in PDF format. (unlikely_event.pdf 480KB)

Price is $10.00 + $3.75 (S&H) = $13.75
You may purchase a copy on line, or send a check to:
The Center for Public Integrity, 910 17th St NW 4th Fl., Washington DC 20006, 202-466-1300

"Flying Blind, Flying Safe" by Mary Fackler Schiavo, with Sabra Chartrand (Contributor)

Hardcover - 373 pages (May, 1997), Avon Books, IBSN: 0-380-97532-7

Mary Schiavo has generously donated a limited supply of autographed, hardcover copies of "Flying Blind, Flying Safe" to NADA/F. Mary Fackler Schiavo is a genuine crusader for aviation safety. She dares to share the shocking truth concerning the FAA and "business as usual" in Washington DC.

This is a "must read." Individuals wishing to place an order should send their name, address and a tax-deductible check for $20.00 (S&H included) payable to NADA/F to: 
NADA/F, Book Offer, our Washington DC address.

(Update! "Deadly Departure: Why the Experts Failed to Prevent the TWA 800 Disaster and How it Could Happen Again," by Christine Negroni. Review available on our website. Go to www.planesafe.org and click on Books on the menu, and go to "Deadly Departure." If you would like to order this book, or others available from amazon.com simply click on the www.amazon.com link on the book page. Going from our website to amazon.com will provide a small commission to the NATIONAL AIR DISASTER FOUNDATION, and no increase in cost to you. We appreciate the donations to help our work!

President's Letter,
May, 2000

Dear Members,

     During the past two years NADA/F has grown ten-fold, and we continue to need your financial help as we reach out to more people. We now represent survivors and those who have lost loved ones from over 60 air crashes.

     Everyone is welcome to be on our mailing list, however, we also appreciate a membership donation of $20 per person per year to help cover our mailing expenses. Those memberships also entitle members to vote for corporate business such as Election of Officers, By-laws and their revisions, and our Goals. Additional updates are also sent to our corporate members. If you are not yet a member for year 2000, I encourage you to send your $20 check today, to the National Air Disaster Foundation, a 501 (c)(3).

Operating Expenses

     We have no paid staff, and our board members pay their own expenses to attend meetings wherever possible to promote NADA/F, such as the recent NTSB Symposium on Transportation and the Law. NADA/F also had representatives at the NTSB/FAA meeting December, 1999, regarding required child restraint seats. We have an excellent hard-working, dedicated board, but we need your help also!

     Over 75% of our general contributions are used for educating as many people as possible about our goals-telephone and fax expenses, printing and mailing costs, newsletters, website expansion, and for our Annual Meeting expenses. As we send larger newsletters to more people the costs go up. General donations are also used for memorial flowers, our annual Air Safety Award, the October 1999 Crisis Response Team Training, legal and corporate filing expenses to maintain our tax-exempt status, and our post office box in Washington DC. One of the founding goals was to establish a NADA/F office in Washington DC, and we will be even more effective when our presence is there year-round. Hopefully, someday we will receive the $100,000 donation that we need to make that office a reality. Meanwhile, we need your help to cover our operating expenses for year 2000.

Foundations and Endowments

     Our fund raising work has also led to success in receiving increased corporate, foundation, and designated donations. I am proud to report that we recently received two gifts of $10,000 each, which are being kept as endowments.

· A $10,000 endowment donation from Corboy & Demetrio in Chicago to fund our new annual Award for Journalism Contributions to Improving Air Safety, and

· A $10,000 endowment donation from Susan and Paul Smith, and Carole and Art Rietz, to endow the annual Air Safety Award. Their generous donation is in memory of their sons, Jay Smith, and Howard Rietz, who would have accomplished so much if they were with us today.

     In February the board passed a strict policy that endowments will be kept in an investment trust, and the interest from that trust will fund our work. A future $10,000 donation could fund an annual Award for Broadcast Journalism Contributions to Improving Air Safety. Other endowment programs are also available, such as a Memorial Fund where the interest would provide flowers on memorial dates, to let people know that we will never forget.

Charitable Remainder Trusts

     Our investment trust also enables us to receive Charitable Remainder Trusts. There are tax advantages for the donor to establish a major future gift of a Charitable Remainder Trust; and if you would like more information please give us a call.

     On behalf of the Board Members we want to thank everyone for your help, and we are working to continue to earn your support. Checks payable to the NATIONAL AIR DISASTER FOUNDATION, a 501(c)(3) are tax deductible. Checks payable to the NATIONAL AIR DISASTER ALLIANCE, also tax exempt, are not tax deductible; however, ALLIANCE donations help with our lobbying work. Thank you for your support!

Yours truly,
Gail A. Dunham, President

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